Case law

Department of Social & Health Services v. Parvin

185 Wash. App. 108 · Court of Appeals of Washington · Dec 22, 2014

In August 2010, a dependency was established by agreed order as to both parents. … parent-child relationship and proceed with adoption, or to continue efforts to return custody of the child to the parent; and (b) All parties agree to entry of the guardianship order and the proposed guardian is qualified

State v. Wilson

995 P.2d 1260 · Court of Appeals of Washington · Mar 21, 2000

Here, JST is clearly a victim. … Wilson-Farler's bank records and discover deposits of funds embezzled from the victim in order to establish the victim's loss. The connection to the embezzlement is established. C.

State v. Erickson

22 Wash. App. 38 · Court of Appeals of Washington · Dec 1, 1978

Both the firing upon separate individuals during a running gun fight and the making of a series of bookkeeping entries within a given time frame clearly qualify as acts arising from the same conduct or episode. … Function (Approved Draft, 1971), which reads: The prosecutor should base his decision whether to file an information on his knowledge of the availability of evidence which will be admissible at trial and which is sufficient to establish

Ryder v. Port of Seattle

50 Wash. App. 144 · Court of Appeals of Washington · Dec 28, 1987

Further, RCW 41.56.160-190 establish a clearly defined machinery for the submission, evaluation and resolution of complaints by aggrieved parties. … person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . ., subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities

Washington Cedar & Supply Co. v. Department of Labor

119 Wash. App. 906 · Court of Appeals of Washington · Jan 28, 2004

To establish a violation of OSHA, the secretary of labor has the burden to prove each element by a preponderance of the evidence. Carlisle Equip. Co. v. … The L&I inspector testified that she believed the roof at issue was a “5 or 6-pitched roof’ and would not qualify for the low-pitched roof exception. Board Report of Proceedings (BRP) at 52.

State v. Bell

57 Wash. App. 447 · Court of Appeals of Washington · Apr 2, 1990

The following facts were established at trial. On August 9, 1988, at approximately 8 a.m., Nafisa Zarif was severely beaten and robbed of her purse while walking home after visiting her husband at Providence Hospital. … The present case is clearly distinguishable from Prince . First, there is no indication in the record that Taghavi has a personal interest in the outcome of this case or that this crime personally affects her.

State v. France

129 Wash. App. 907 · Court of Appeals of Washington · Oct 4, 2005

Instead he asked questions designed to obtain an admission from France that he knew about the no-contact order, an element of the crime charged that is most clearly established by a defendant’s admission. … We should have qualified it by stating that based on the record presented to us on appeal, “other than France’s tainted confession of his knowledge of the no-contact order, the State presented no evidence France knew of the

Save Our State Park v. Board of Clallam County Commissioners

74 Wash. App. 637 · Court of Appeals of Washington · Jul 15, 1994

Clearly, S.O.S. Park’s proposed ordinance was not introduced by a commissioner. … Lince, Leonard, and Anderson establish collectively that initiative and referendum are not compatible with zoning ordinances.

State v. Crutchfield

53 Wash. App. 916 · Court of Appeals of Washington · Apr 24, 1989

In return for a grant of immunity, Lewis told the police he had seen Crutchfield kill R. Lewis led a search team to the beaver pond where R.'s body was found chained to a submerged log. … Reason Six: Impact on Others The record clearly establishes that Grant repeatedly lied to R.'s family members during the 16 months that R. was missing. Grant told R.'

Schons v. Department of Transportation

43 Wash. App. 160 · Court of Appeals of Washington · Dec 20, 1985

Schons cites no authority for his contention that the loss of milk production qualifies as "tangible personal property." … Appellate review of administrative findings is conducted under the "clearly erroneous" and "arbitrary and capricious" standards. Eggert v. Department of Empl. Sec., 16 Wn. App. 811, 813 , 558 P.2d 1368 (1976).

Pierce v. Yakima County

251 P.3d 270 · Court of Appeals of Washington · May 12, 2011

An "express assurance" occurs where an individual makes a direct inquiry and the government clearly sets forth incorrect information in response. … Pierce's request to establish new law in this settled area. ¶ 26 Affirmed. WE CONCUR: KORSMO, A.C.J., and SWEENEY, J.

State of Washington v. James Cortez Johnson

Court of Appeals of Washington · Jun 2, 2016

This paragraph does not apply if it is established that the Washington State Patrol crime laboratory already has a sample from the defendant for a qualifying offense. RCW 43.43.754. … Such allegations are clearly insufficient. We affirm Mr.

Wells v. Whatcom County Water District No. 10

105 Wash. App. 143 · Court of Appeals of Washington · Mar 5, 2001

First, the information Wells and WDF rely on to argue that the District must prepare an SEIS does not qualify as “new information” under the SEPA regulations. … the fact that she has the burden on appeal of establishing that one or more of LUPA’s standards of review has been met.

Detention Of Derwin Leron Pasley

Court of Appeals of Washington · Nov 21, 2023

He testified that K.R. was able to communicate clearly and understand complex terms, and that he demonstrated life skills typical of a young adult. Dr. … Pasley cites Anderson and Froats to support his argument that the evidence was insufficient to establish he committed an ROA.

Shoop v. Kittitas County

30 P.3d 529 · Court of Appeals of Washington · Sep 10, 2001

The *536 court stated, "Clearly, this is jurisdictional language." … Kittitas County argues that the State's sovereign immunity can be overcome only by a specific statutory grant of "jurisdiction".

Harrison Memorial Hosp. v. Gagnon

40 P.3d 1221 · Court of Appeals of Washington · Mar 1, 2002

According to the superior court's findings, "[t]he work required her to perform Emergency Medical Technician duties aboard an ambulance, to administer immunizations, to handle bloody surgical instruments, and to clean operating … Because the AST test never showed an elevated level, even after Gagnon clearly had contracted Hepatitis C and had elevated levels on the ALT, it is clear that the AST results were not helpful in determining Gagnon's enzyme

Pierce v. Yakima County

161 Wash. App. 791 · Court of Appeals of Washington · May 12, 2011

App. 625, 628 , 784 P.2d 1288 (1990). ¶9 Washington waived its sovereign immunity to tort suits in 1967, declaring the State may be liable for damages arising out of its tortious conduct “to the same extent as if [it] were … An “express assurance” occurs where an individual makes a direct inquiry and the government clearly sets forth incorrect information in response. Babcock, 144 Wn.2d at 789 . ¶24 The County correctly argues Mr.

State v. Hampton

182 Wash. App. 805 · Court of Appeals of Washington · Aug 11, 2014

Wackerman is a highly qualified criminal defense attorney.” … [w]here the victim did not consent... to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim’s words or conduct.

State v. Ratliff

46 Wash. App. 325 · Court of Appeals of Washington · Dec 24, 1986

Furthermore, Ratliff's argument runs contrary to established rules of statutory construction. … excessive or clearly too lenient.

Merino v. State

179 Wash. App. 889 · Court of Appeals of Washington · Mar 11, 2014

I, § 15, his disability compensation qualifies as an “estate,” which cannot be forfeited based on a felony conviction. … Because of the remedial purpose of such statutes ... a forfeiture or waiver of [disability] pension rights should be found only where clearly intended by the parties.’ ” Newlun, 53 Wn.